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Torts
Torts are civil suits that involve physical damage or injury. A common tort is personal injury in an automobile accident.
1,093 Questions
Does a Florida court have jurisdiction over a plaintiff that lives in Georgia?
A Florida court might have jurisdiction if the Georgian person had sufficirnt contacts within the state of Florida so that having the issue tried in the Florida court would not unduly prejudice the defendant's defense. If, say, a Georgian operated a business in Florida, cause damage and go back to Georgia to hide out, it is possible that the Florida court could assume jurisdiction. If the Georgian is served with proper process and refuses to answer the complaint, the Florida court might enter a judgment against the Georgian. The Floridian then files the judgment in Georgia and attempts to execute on it. Under the Constitution, the Full Faith and Credit act requires each state to honor judgments of other states as long as they were properly entered. That means with all due process. To avoid execution on the judgment, he Georgian will have to go to Georgia court to claim that the judgment was improperly entered. Or he appeals the case in Florida. He does NOT have the right to have a new trial if due process was observed. The Georgia court will review Florida's trial procedure and if it complied with due process, the Florida judgment will be effective.
How do you get a judgment on someone?
You should be a little more specific. Do you mean that you want a court to order this person to pay you a certain amount of money? You would have to commence legal proceedings against this person. The easiest way is to hire a lawyer to do it, however that can be expensive. Most jurisdictions have a "small claims court" where you can represent yourself if the amount you are asking for is below a certain threshold. You can check at your local court.
Who wins when case is dismissed with prejudice at defendants cost?
If a case is dismissed with prejudice at the defendant's cost, it means that the plaintiff wins the case. The dismissal with prejudice means that the plaintiff cannot bring the case again, and the fact that it is at the defendant's cost indicates that the defendant is responsible for covering any expenses related to the case.
What is the statute of limitations for wrongful arrest in California?
In California, the statute of limitations for a wrongful arrest claim is typically two years from the date the claim arises. However, this timeline can vary depending on the specifics of the case, so it is important to consult with an attorney to determine the exact deadline for filing a claim.
How many types of law is there?
There are generally three main types of law: criminal law (deals with crimes and punishment), civil law (concerned with private disputes between individuals), and administrative law (regulates government agencies). Other types include constitutional law, international law, and procedural law.
Does a defendant have to appear in a civil trial?
No. If the defendant is willing to have a judgment entered agains him/her for the amount demanded in the complaint, no appearance is necessary even though the Summons commands an appearance. The appearance is necessary only to object to the claim in the complaint.
Yes, you may have legal grounds to sue your partner for withholding information about their herpes status and continuing to engage in sexual relations, knowing the risk of transmission. You could potentially file a lawsuit for damages related to physical and emotional distress caused by their actions. It is advisable to seek legal counsel to discuss the specifics of your situation in more detail.
A plaintiff is the party who brings a civil lawsuit against another party, known as the defendant, seeking legal remedy or compensation for harm or breach of contract. The plaintiff is responsible for proving their case against the defendant in court.
What does capacity in tort mean?
Capacity means the mental capacity to recognize having a duty of care and knowing how not to breech it. For example if a young child accidentally hurts a playmate, the child cannot be sued for negligence, because the child lacks the mental capacity to know whether or not what he is doing is negligent.
Can you sue a neighbor for spreading lies?
You can sue a neighbor for spreading lies if you can prove that the neighbor started the rumors and that they were harmful to your character. This suit will fall under slander or defamation laws.
What affirmative defenses can you use in a slip and fall case?
The following is a list of the most common defenses in slip-and-fall cases. An attorney reviewing your case can inform you of any other affirmative defenses specific to your state and/or your specific situation. Likewise, not all of the below defenses may apply to your case and/or be accepted by your state's law.
Comparative negligence is perhaps the most common defense in slip-and-fall cases. This defense asserts that the plaintiff (person suing you) was negligent, and his or her negligence wholly or partially contributed to the slip-and-fall in question. In some states, if the plaintiff's negligence is greater than the defendant's negligence, the plaintiff will recover nothing.
Example: At a butcher shop, meat blood dripped from a package of meat as the butcher put it in the cooler. A man runs in and does not pay attention to where he is walking. He slips and falls in the blood. If the man sues, the butcher shop will not be found 100% liable because the man was careless by running in.
Last clear chance is a doctrine which provides that the fault of an accident rests with the party who had the last chance to avoid the accident. In most states, it has been absorbed into comparative negligence.
Example: A teenager shopping in a store collides her shopping cart with a cart operated by a store employee. The store employee was on duty restocking the store shelves. The teenager fell and suffered injury as a result of the collision. The store will not be held liable if it can prove that the teenager had the last chance to avoid the accident.
Volenti non fit injuria (secondary assumption of risk)provides that the plaintiff cannot recover damages if the plaintiff knowingly put him or herself in a dangerous situation.
Example: If a lady saw that the floor of a store was wet, but walked on it anyways and fell, she would not have a legitimate legal claim against the store for her injuries.
If you are facing a slip and fall lawsuit, you should contact a tort law attorney immediately! The civil court system can be a nightmare for you if you are not very well versed in your county's civil court procedure. You might consider hiring a tort law attorney with significant experience in slip-and-fall cases. That way, your attorney will be familiar with all of the defenses applicable to your claim.
What is the maximum recovery amount in small claims court in New Jersey?
$15,000. In NJ the "small claims" court is called the Special Civil Part of the Superior Court, Law Division. Court Rule 6:1-2(a) fixes the maximum amount that can be sued for in the Special Civil part.
If your car rolls away and hits a car that is illegally parked who is at fault?
The driver of the car that improperly parked is generally at fault because they were in violation of parking regulations. However, if there were contributing factors such as a malfunction with the parked car or negligence on behalf of the other driver, fault may be shared or shifted. It's best to consult with insurance companies and law enforcement to determine liability in this situation.
How do you file a small claims complaint in trumbull county oh?
To file a small claims complaint in Trumbull County, OH, you need to go to the Trumbull County Clerk of Courts office and obtain the necessary forms for filing a small claims case. You will need to complete the forms with the details of your complaint and pay the filing fee. Once the forms are filed, a court date will be scheduled for your case to be heard.
What does the phrase extraordinary circumstances mean in civil law?
In civil law, the phrase extraordinary circumstances typically refers to unforeseeable events or situations beyond a person's control that may affect their ability to fulfill a legal obligation or expectation. These circumstances are usually considered rare, significant, and not part of the normal course of events. Court judgments may take into account such circumstances when determining liability or granting relief.
How would you write an opening statement for mock trial of stealing a car?
For an ongoing project, I'm trying to pull together the notes on opening statement I've gathered over the years. For what it's worth, here is the result of my work so far:
Organizing the Opening --The opening should summarize the evidence in a way that presents the theme of the case.--One simple method of organization: A short opening sentence or two that presents the theme of the case; a short 125-word overview of the case to orient the jurors and give them an aid to understanding the facts that follow; then a re-telling of the "story" chronologically.
--Another method of organization modeled after a screenplay: Begin by introducing time and place, then introduce your client (the protagonist), then introduce the complicating element (what's gone wrong), then relate events chronologically in a way that suggests the story should end happily.
--Keep this in mind when writing the opening: Make a list of the points you want (or need) to make. These are your headings. Then write the facts that will establish each point. You'll then relate the facts to the jury, not the "point." However, in relating the facts, the point will be obvious to them. (Example: Point--my client is a careful driver. Facts to make the point: "Mr. Jones looked both ways before pulling out, saw that he could pull out, entered the lane, then proceeded to the stoplight. He stopped behind the car in front of him. A split second later, he heard a screech, then felt the impact of the defendant's car crashing into the back of his").
--End the opening with something like this: "At the conclusion of the case, I will return to speak to you again, and I will ask you to find in my client's favor."
Do's for Opening Statement--Begin in the formal way: "May it please the Court."--Be brief.
--Look at each juror.
--Begin by telling the jurors something important. If you want to introduce co-counsel or explain how the trial is going to work, do it after you're well into your opening.
--Speak in simple English using short, ordinary words.
--Use the words you choose to create images in juror's minds.
--Present your position without quarreling with your opponent.
--Create empathy for client by describing personal facts about him--a view into your client's life.
--Make a point by repeating it in different ways.
--Use visual aids and portions of depositions.
--Show the jurors the standard jury instructions as a way to demystify the process.
--For plaintiffs, who go first: Deal with the defendant by telling the jury what they should expect to hear from him; keep the defendant on the defensive.
--If you decide to preempt the defense by introducing weaknesses, do it in a positive way. Not this: "You will hear that Jim had a bad back before the accident, but that doesn't mean he shouldn't recover." But this: "Jim was all but recovered from a painful back injury when the defendant crashed his car into the back of Jim's car."
Don'ts for Opening Statements Don't use notes. Opening is one of the few parts of trial you can plan for well in advance. Write out your opening and rehearse it.--Don't comment on the credibility of witnesses. (In Illinois, it's objectionable to say in opening that a witness is not telling the truth.)
--Don't tell the jurors the case is "interesting." Your opening should demonstrate why the case is interesting.
--Don't use the stock phrase "what I say isn't evidence." Once you say it, the jury will quit listening.
--Don't say "The evidence will show" at the beginning of each sentence. This is boring and repetitive. Instead, state the facts.
--Don't refer to your opening as a "story." Though it is, the jurors may misunderstand: a "story" is also something someone tells when they're being less than truthful.
--Don't be overdramatic. A highly dramatic, engaging "performance" may leave the jurors feeling like the rest of the trial is a letdown, just at the time you want them to be engaged and interested.
--Don't argue, which isn't permitted. How to tell if you're arguing: would the words you are saying ever come out of a witness'smouth? If not, you're probably arguing. (Example: "The accident caused Mr. Jones grievous, permanent harm." That's not how a witness would testify, and it's argument).
--Never promise more than you can deliver. Don't overstate or exaggerate any item of your case (calling an injury "permanent" when there is no evidence of permanency). You want the jurors to think later, "The case is even stronger than I expected."
From:http://www.illinoistrialpractice.com/2004/02/notes_on_openin.html
Deceit is the act of misleading or deceiving someone by concealing or distorting the truth. It typically involves dishonesty or trickery to achieve a certain outcome or gain an advantage.
An executed release means that the document of release has been signed. An example of a release would be a medical waiver or any other document releasing the named person or company from some responsibility stated to you.
It is pronounced "tort." The "e" is silent in the word.
Is retreving information the same as intentional learning?
No, retrieving information typically refers to recalling or remembering previously learned information, while intentional learning involves actively seeking out new knowledge or skills with a specific goal in mind. Retrieving information focuses on memory recall, while intentional learning focuses on acquiring new knowledge or mastering a new skill.
How do you show the intentional omission of words?
All that I know is that if you want to remove a word from a quote and replace it with another word, you use [] to show this. For example, your quote is, "looked like pornography", you use "looked like [inappropriate things]. (remember, this is just an example)
What kind of crime is related to vicarious liability?
Vicarious liability can be the same as aiding and abetting an individual who is committing a crime. The concept of driving the getaway car when one person robs the bank is similar to vicarious liability. This attached assistance in carrying out the crime makes a person guilty of vicarious liability, even though they did not participate in the physical act of causing the crime.
How is a Crime different than a Tort?
A crime is a wrongdoing that is considered harmful to society and is prosecuted by the government in criminal court, potentially resulting in punishment like imprisonment. A tort is a civil wrong that causes harm or loss to an individual, allowing the injured party to seek compensation through a civil lawsuit in order to be made whole again.
Is a crime or tort more frightening?
It is probably about a draw. The distinction between the two is that a crime is an action or inaction that has been defined by statute as unlawful, and for which a penalty, such as jail or a fine, is prescribed. Stated otherwise, a crime is considered to be a wrong against "society", although an individual may be the immediate victim.
A tort is considered to be a wrong against an individual and typically commands money damages if proven. The wrong can be mild or severe, and if severe, can be extremely frightening.
Some torts can rise to the level of crimes, such as assault and battery. To constitute a crime, the acts must be accompanied by an intent to do harm, not just an element of foreseeability that they will.
